Archive Decision

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Auckland TC 14 September 2018 – R 5 (insitgating a protest) – Chair, Mr A Godsalve

ID: JCA12013

Applicant:
Mr JM Muirhead - Senior Stipendiary Steward

Respondent(s):
Mr B Mangos - Open Horseman appearing for connections of ANGUS BURGA

Information Number:
A10311

Hearing Type:
Protest

Rules:
869A(2)

Meet Title:
Auckland TC - 14 September 2018

Meet Chair:
AGodsalve

Meet Committee Member 1:
BScott

Race Date:
2018/09/14

Race Number:
R5

Decision:

The protest was upheld and ANGUS BURGA was relegated to 3rd place behind PRINCE GEORGE.

The official placings became:

1st - PHOEBE GEM

2nd - PRINCE GEORGE

3rd - ANGUS BURGA

4th - JANSSON

5th - GEENA'S GIRL

Authority was given for the payment of dividends and stakemoney in accordance with the amended placings.

Facts:

Following the running of Race 5, the Crombie Lockwood Bloodstock Handicap Trot 2700m, a protest was insitgated by way of an Information. Mr Muirhead alleged that ANGUS BURGA failed to allow full access to the passing lane impeding the progress of PRINCE GEORGE throughout the run home.

Mr B Mangos, the driver of ANGUS BURGA and representing that horse's connections noted on the Information that:

(a) He admitted the breach, and

(b) That he did not wish to be present at the hearing

Rule 869A(2) provides that:

'When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed place the horse that, or whose driver caused the interference immediately after the horse interfered with'.

The Judges placings were;

1st - PHOEBE GEM

2nd - ANGUS BURGA

3rd - PRINCE GEORGE

4th - JANSSON

5th - GEENA'S GIRL

Submissions for Decision:

Using the films Mr Muirhead identified the horses ANGUS BURGA and PRINCE GEORGE as the field made their way up the home straight. ANGUS BURGA was leading the race, and PRINCE GEORGE was inside that horse. Mr MacKinnon, driving PRINCE GEORGE attempted to drive his horse into the passing lane, which he was entitled to do. Mr Muirhead said that ANGUS BURGA was laying in and was putting some pressure on PRINCE GEORGE which was then attempting to pass it in the passing lane. Mr Muirhead pointed out that ANGUS BURGA 'ducked in' onto PRINCE GEORGE which caused the horses to lock wheels for a short time. Mr Muirhead pointed out that Mr Mangos was trying to straighten his horse, and that he had told Mr Muirhead on being interviewed that he believed he should have been beaten home by PRINCE GEORGE as he had held the horse back.

Reasons for Decision:

The protest was not contested and it was clear to the Committee that ANGUS BURGA had interfered with PRINCE GEORGE and impeded that horse's progress in the run to the finish. The Committee was therefore satisfied that PRINCE GEORGE would have beaten ANGUS BURGA had that interference not taken place.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 300514fc37dcb0d52d3164b9c9de3169


informantnumber: A10311


horsename: ANGUS BURGA


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 14/09/2018


hearing_title: Auckland TC 14 September 2018 - R 5 (insitgating a protest) - Chair, Mr A Godsalve


charge:


facts:

Following the running of Race 5, the Crombie Lockwood Bloodstock Handicap Trot 2700m, a protest was insitgated by way of an Information. Mr Muirhead alleged that ANGUS BURGA failed to allow full access to the passing lane impeding the progress of PRINCE GEORGE throughout the run home.

Mr B Mangos, the driver of ANGUS BURGA and representing that horse's connections noted on the Information that:

(a) He admitted the breach, and

(b) That he did not wish to be present at the hearing

Rule 869A(2) provides that:

'When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed place the horse that, or whose driver caused the interference immediately after the horse interfered with'.

The Judges placings were;

1st - PHOEBE GEM

2nd - ANGUS BURGA

3rd - PRINCE GEORGE

4th - JANSSON

5th - GEENA'S GIRL


appealdecision:


isappeal:


submissionsfordecision:

Using the films Mr Muirhead identified the horses ANGUS BURGA and PRINCE GEORGE as the field made their way up the home straight. ANGUS BURGA was leading the race, and PRINCE GEORGE was inside that horse. Mr MacKinnon, driving PRINCE GEORGE attempted to drive his horse into the passing lane, which he was entitled to do. Mr Muirhead said that ANGUS BURGA was laying in and was putting some pressure on PRINCE GEORGE which was then attempting to pass it in the passing lane. Mr Muirhead pointed out that ANGUS BURGA 'ducked in' onto PRINCE GEORGE which caused the horses to lock wheels for a short time. Mr Muirhead pointed out that Mr Mangos was trying to straighten his horse, and that he had told Mr Muirhead on being interviewed that he believed he should have been beaten home by PRINCE GEORGE as he had held the horse back.


reasonsfordecision:

The protest was not contested and it was clear to the Committee that ANGUS BURGA had interfered with PRINCE GEORGE and impeded that horse's progress in the run to the finish. The Committee was therefore satisfied that PRINCE GEORGE would have beaten ANGUS BURGA had that interference not taken place.


Decision:

The protest was upheld and ANGUS BURGA was relegated to 3rd place behind PRINCE GEORGE.

The official placings became:

1st - PHOEBE GEM

2nd - PRINCE GEORGE

3rd - ANGUS BURGA

4th - JANSSON

5th - GEENA'S GIRL

Authority was given for the payment of dividends and stakemoney in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869A(2)


Informant: Mr JM Muirhead - Senior Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr B Mangos - Open Horseman appearing for connections of ANGUS BURGA


StipendSteward:


raceid: 34bf5c1f977130d201f5edb27f94ae39


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 8a4b438ba1e5050b7f4d641a4a1ab717


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 14/09/2018


meet_title: Auckland TC - 14 September 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: BScott


meet_pm2: none


name: Auckland TC